This chapter shall be known as the "Driveway Permit Law" of
the Town of Plattekill.
The purpose of this chapter is to provide for the health, safety
and welfare of motorists using the public highways in the Town of
Plattekill as well as for the health, safety and welfare of homeowners
utilizing driveways in the Town of Plattekill, and to provide for
the orderly, safe and lawful location of driveways in the Town of
Plattekill.
As used in this chapter, the following terms shall have the
meanings indicated:
DRIVEWAY
Any private road, farm road, logging road or improvement
created for the purpose of providing access to and from a public road
from and to adjacent property.
DRIVEWAY PIPE
Any culvert pipe or culvert pipe installed in connection
with the construction of a driveway.
SHOULDER
The area between the edge of the pavement or travel portion
of a Town highway and the ditch or swale adjacent to said Town highway.
SUPERINTENDENT
The Town of Plattekill Highway Superintendent and/or the
Superintendent's designated representative.
In all cases where a driveway is proposed on premises for which
a building permit is necessary, no such building permit shall be issued
by the Building Inspector or any other department or agency of the
Town of Plattekill unless and until a driveway permit has been duly
issued as above provided.
No certificate of occupancy shall be issued by the Building
Inspector or any department or agency of the Town of Plattekill until
final written approval of the driveway construction has been duly
given by the Highway Superintendent.
Any person or persons convicted of violating any provision of
this chapter shall be guilty of a violation. A conviction of a first
violation is punishable by a fine of not more than $500 or imprisonment
not to exceed 30 days, or both. A conviction of a second violation
occurring within a period of five years is punishable by a fine of
not less than $500 or imprisonment not to exceed three months, or
both. A conviction of a third violation occurring within a period
of five years is punishable by a fine of not less than $800 nor more
than $1,000 or imprisonment not to exceed six months, or both. Each
day that a violation continues uncorrected or is resumed shall constitute
a separate additional violation.
If any part of provision of this chapter or the application
thereto to any person or circumstance shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part or provision or application directly
involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder
of this chapter or the application thereof to other persons or circumstances.